Anonim

Managers, dispatchers, trucking specialists, logisticians, as soon as they do not name employees of transport companies, whose responsibilities include loading vehicles, working with contractors, finding new customers, tracking payments, arranging transport documents and much more.

The work of such an employee, especially in a small company, where there are usually two or three of them, is as versatile and diverse as it is of little value. A specialist who is able to issue a waybill, find an urgent load, resolve a conflict situation, conclude an agreement with a client, while speaking (in many companies this is a mandatory requirement) in two foreign languages, is valued even in Moscow no more than 25-30 thousand rubles. But even this figure is due to the stricter requirements for employers by persistent advocates of workers' rights. Not so long ago, the main salary of employees of transport companies was only a certain percentage of profits and salaries, comparable to the size of the minimum wage.

The transportation specialist carried and continues to bear a heavy burden, associated not only with the direct performance of his official duties. The employees responsible for transportation are also responsible for the regularity and stability of payments, the volume of transportation, sales, and even the amount of monthly profit. Some employers do not pay employees salaries until they receive all payments due per month from customers in order to calculate the ephemeral percentage earned by each individual specialist, taking into account losses, underpayments, damage to cargo, and excessive fuel consumption. Drivers also suffer for a company with office occupants - a percentage of the freight, deductions for burning off diesel fuel, for being late, for "untidy appearance."

In pursuit of corporate standards, employers are often keen on creating the “Corporate Code”, the content of which, with rare exceptions, practically copies as much the Code of Administrative Offenses that is dear and close to each carrier. In other words, the “Corporate Code” contains a description of the misconduct committed by the employee and sanction for this act. “A minute of being late is a fine of 1 dollar” is probably the most popular sanction. Drivers get stronger - for the “soaked load”, “dirty car”, “being late for loading”, “incorrectly executed document”.

Many managers believe that it is the fear of punishment, as well as the desire to earn as much money as possible, that make employees work as productively as possible. Professionals of the labor market have long debated on this subject, and they still have not come to a definite conclusion. But the Labor Code of the Russian Federation (Labor Code of the Russian Federation) gives quite categorical answers to this question and limits the application of the “whip” to the employees of the enterprise.

Salaries cannot be indicated and paid in foreign currency. According to Art. 131 of the Labor Code of the Russian Federation, wages must be paid in the currency of the Russian Federation.

Workers of equal skill should receive equal wages for their work (Article 132 of the Labor Code of the Russian Federation). Qualification must be objectively confirmed in writing - education, work experience, number and complexity of functions performed by the employee.

Payments should be made at least every half month (part 6 of article 136 of the Labor Code of the Russian Federation). A wage delay of more than 15 days entitles the employee to suspend work (part 2 of article 142 of the Labor Code of the Russian Federation).

An irregular working day is not the norm of being in the office from 9 am until late at night, but “a special mode of work, according to which individual employees can, at the order of the employer, be occasionally involved in the performance of their labor functions outside the established working hours for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local regulatory act ”(Article 101 of the Labor Code of the Russian Federation).

The liability of an employee is limited to article 238 of the Labor Code of the Russian Federation. The employee cannot be blamed for the counterparty's failure to fulfill his obligations under the contract. This non-fulfillment is an entrepreneurial risk and is borne by the employer as an entrepreneur, and not an employee who dishonestly chooses a counterparty. The employee is obliged to compensate the employer for the direct actual damage caused to him. Unearned income (lost profit) is not recoverable from the employee (part 1 of article 238 of the Labor Code of the Russian Federation).

The condition for the probationary period should be indicated in the employment contract. The Labor Code expressly states that this condition is mandatory. The test period may not exceed three months, and for the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months. The head of the department is an employee, not a manager. A trial period cannot be applied to a number of employees (for example, women who have children under the age of one and a half years) (Article 70 of the Labor Code of the Russian Federation).

The percentage of profit for drivers and employees is an unacceptable form of remuneration. The labor code establishes a salary (official salary), that is, a fixed amount of remuneration of an employee for performing labor (official) duties of a certain complexity for a calendar month without taking into account compensation, incentive and social payments (part 3 of article 129 of the Labor Code of the Russian Federation). Profit is an entrepreneurial risk.

An employee cannot be fined for being late or for an incorrectly issued waybill! (Article 137 of the Labor Code of the Russian Federation). Deductions from wages and the possibility of their creation are regulated by the Labor Code.

In order to avoid a situation where a specialist who is valuable to a company with wide experience does not agree to the salary established by other employees, you can add a position, for example, a “senior specialist” to the staff list and set a higher salary than other employees in the department. True, one will have to find out if a specialist with an even higher education and even more experience working in a specialty works nearby for a lower salary. Tardiness, absenteeism (absenteeism) and unscrupulous performance by an employee of his duties are a reason for applying Art. 192 of the Labor Code of the Russian Federation. For committing a disciplinary offense, that is, failure to perform or improper performance by the employee through his fault, of the duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1. note

2. reprimand

3. dismissal on appropriate grounds.

Labor discipline is determined by the internal labor regulations (Article 189 of the Labor Code of the Russian Federation). Dismissal can be made only in accordance with the Labor Code of the Russian Federation. Generally apply Art. 192 of the Labor Code of the Russian Federation should be extremely careful and taking into account all the rules imposing disciplinary sanctions prescribed in the Labor Code.